BILL ANALYSIS

Senate Research Center	H.B. 4087
	By: Kuempel (Zaffirini)
	Water, Agriculture & Rural Affairs
	5/18/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Pump and haul operations increase the potential for spillage of untreated wastewater due to the increased number of times that wastewater is handled, including the potential for spillage due to equipment malfunction. The Texas Commission on Environmental Quality issues permits for haulers but provides no regulations on the routes the vehicles must use while transporting untreated wastewater. The lack of a time limit on pump and haul operations creates the opportunity for their use as a temporary solution to become a permanent solution, which increases the potential for safety hazards for neighborhoods and environmentally sensitive areas. H.B. 4087 would address this issue by authorizing a local government entity that is an authorized agent to issue a permit authorizing the use of a temporary on-site sewage disposal system for a limited period

[Note: While the statutory reference in this bill is to the Texas Natural Resources Conservation Commission (TNRCC), the following amendments affect the Texas Commission on Environmental Quality, as the successor agency to TNRCC.]

H.B. 4087 amends current law relating to the use of certain on-site sewage disposal systems.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Natural Resource Conservation Commission in SECTION 1 (Section 366.012, Health and Safety Code) of this bill.

Rulemaking authority is expressly granted to the Texas Commission on Environmental Quality in SECTION 3 of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 366.012(a), Health and Safety Code, as follows:

(a) Requires the Texas Natural Resource Conservation Commission, to assure the effective and efficient administration of Chapter 366 (On-Site Sewage Disposal Systems), to:

(1) makes no changes to this subdivision;

(2) adopt rules under this chapter that:

(A)-(B) makes no changes to these paragraphs; and

(C)-(D) makes nonsubstantive changes to these paragraphs; and

(E)  for a county with a population of at least 350,000 and not more than 370,000 that is adjacent to the Gulf of Mexico and adjacent to a county with a population of at least 3.3 million, allow for the installation of aerobic drip emitter systems on subdivided or platted properties less than one-half acre in size serving single-family residences supplied by a public drinking water system if site-specific planning materials have been:

(i)  submitted by a licensed engineer or registered sanitarian; and

(ii)  approved by the appropriate authorized agent.

SECTION 2. Amends Subchapter D, Chapter 366, Health and Safety Code, by adding Section 366.0513, as follows:

Sec. 366.0513.  PERMITS FOR CERTAIN TEMPORARY SYSTEMS. (a) Authorizes an authorized agent to issue a permit to authorize the use of a temporary on-site sewage disposal system that:

(1)  operates in conjunction with the pumping and hauling of wastewater produced by the system; and

(2)  serves a property that:

(A)  has been subdivided for residential use; and

(B)  is of insufficient size to accommodate on-site disposal of all wastewater in compliance with this chapter.

(b)  Provides that a permit issued under this section:

(1) is authorized to authorize the use of a system and the associated pumping and hauling activities described by Subsection (a) for not more than six months from the date of issuance; and

(2)  is prohibited from being renewed.

SECTION 3. Requires the Texas Commission on Environmental Quality, as soon as practicable after the effective date of this Act, to adopt rules in accordance with Section 366.012(a), Health and Safety Code, as amended by this Act.

SECTION 4. Makes application of Section 366.0513, Health and Safety Code, as added by this Act, prospective.

SECTION 5. Effective date: September 1, 2023.